Veto Of Judge Bill Is No Surprise

July 16, 1987|By Katherine Long of The Sentinel Staff

KISSIMMEE — Osceola County officials were disappointed but not surprised to learn Wednesday that Gov. Bob Martinez has vetoed a bill that would have required one of the 22 9th Circuit judges to live in Osceola.

However, one of the main reasons the bill was proposed was to have another circuit judge assigned to the county, and Chief Circuit Judge William Gridley already has promised to assign a second judge to serve in Osceola in January.

''If we get two judges, that was the total need, really,'' said Dotty Roberts, aide to state Rep. Irlo ''Bud'' Bronson, D-Kissimmee. ''In January we'll celebrate -- if we get the new judge.''

Legislation that was signed by Martinez a few weeks ago gave the 9th circuit -- Orange and Osceola counties -- two more judges.

Osceola officials had hoped the county would gain more political stature if one judge were required to live here. They also hoped that a judge would be assigned to the county to help relieve a crowded docket. In the past, all the new judicial positions added to the ninth circuit were assigned to Orange County. Only one circuit judge, James Byrd, is assigned to serve in Osceola County.

Martinez vetoed the bill because ''the state Constitution already sets forth the residency requirements for judges,'' said Jon Peck, a press secretary for Martinez. ''Statutes that impose additional qualifications for offices are unconstitutional.''

Peck said he wasn't aware that three circuits already place specific requirements on where their judges must live. Staffers in Bronson's office had been pressing that fact, hoping to persuade the governor not to veto the measure.

They also were secretly hoping Martinez might forget about the Osceola bill and fail to veto it, causing it to go into effect immediately when the deadline for veto passed Wednesday, Roberts said.

Martinez vetoed a similar measure proposed for Highlands County on the last day of the veto deadline.

County Commission Chairman Bill Beck was critical of the veto. In the 16th Judicial Circuit, one judge is required to live in the upper Florida Keys, a very specific residency requirement, Beck said.

State Attorney Larry Davis said the business community rallied behind Osceola's push for a resident judge. Staffers in the governor's office and Lt. Gov. Bobby Brantley's office said they fielded dozens of calls from residents three weeks ago when it was learned that Martinez planned to veto the measure. ''I think it's going to cause a lot of people to be disappointed,'' Davis said. ''I think a lot of people expressed an interest in this bill.''

Osceola's court system also is burdened because County Judge Chester Kerr, who suffered a stroke in November, has not yet returned to the bench. Kerr's wife, Karen, said her husband is doing fine, but she refused to answer any other questions about his health, referring them to attorney Nancy Smith. Smith could not be reached for comment.